freedom of speech (2)
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Freedom of Speech
Why do we have
freedom of speech?
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Freedom of Speech
Quote from Oliver Wendell Holmes:the best test of truth is the power of
thought to get itself accepted in the
competition of the market
We have free speech to preserveFREEDOM.
Restrictions on speech are un-democraticthey prohibit the free-flowof ideas.
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Freedom of Speech
Freedom of Speechprotects unpopular speech.
Are First Amendmentfreedoms absolute?
Answer: no.
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Freedom of Speech
Examples of UNPROTECTEDspeech: Libel
SlanderPerjurySedition?
ObscenityFire in crowded theater example
Where is the line as to what is
protected speech?
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Freedom of Speech
Libel written defamation
Slander verbal defamation
Defamation -- Must be:
Published
Damaging to reputation
Untrue
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Freedom of Speech
Private persons have moreprotection than public
figuresTo defame public
figuremust prove actualmalice(bad intent)
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Freedom of Speech
ObscenityMiller v. Californiaprovides
test for legal obscenity:1. If the average person,applying contemporarycommunity standardsfindsthe work as a whole appeals
to the prurient interest
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Freedom of Speech
Miller v. CaliforniaTest (Contd):
2. Work depicts or describes
in a patently offensivemanner certain conduct
3. Work lacks serious artisticor literary value
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Freedom of Speech
Recent Obscenity Rulings:
In 1996, Congress passed
the CommunicationsDecency Act, prohibiting
transmission of obscenematerial over the Internet
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Freedom of Speech
ACLU filed suit, and in1997, the CDA was declared
UnconstitutionalPrior Restraintcensorship
before publicationNear v. Minnesota
States cant censor papers
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Freedom of Speech
Prior Restraint (contd)Prior restraint only acceptablewhere National Security
threatenedExceptions: Student speechmay be censored whencensorship is related tolegitimate pedagogicalconcerns
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Freedom of Speech
Confidential Sources
No Constitutional protection
for news reporters wanting toprotect sources.
Matter is left tostatessome states have
shield laws. Why?
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Freedom of Speech
Radio & TVSpeech on radio & TV may be
regulatedWhy?Answer: airwaves considered
public propertylimited no. of
broadcast channelstherefore thepublic interest is served by some
censorship.
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Freedom of Speech
FCC does not censorbutmay act to punish networks thatgo too farby refusing torenew licenses
First Amendment takes a back
seat in TV & RadioQuestion: How will cable TVand the Internet change this?
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Freedom of Speech
Symbolic Speech -- Examples:Flag burningProtected
PicketingProtected if peacefulBurning draft cards during Vietnam
War:NOT protectedgovt propertycanthave people burning draftcardsharms public
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Freedom of Speech
Symbolic Speech --Examples:
Students wearing black armbands
Protected if not disruptiveCampaign contributions
Protected
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Freedom of Speech
Commercial Speech --Examples:
Advertising contraceptivesProtected
Lawyer solicitations (JimAdler)
Protected